Regime and policies for officials who are not eligible for re-election

(Baonghean.vn) -On March 9, 2015, the Government issued Decree No. 26/CP stipulating the regime and policies for cadres who do not meet the age requirements for re-election or re-appointment to positions and titles according to their terms in agencies of the Communist Party of Vietnam, the State, and socio-political organizations.

The content of the Decree is as follows:

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

At the request of the Minister of Home Affairs,

The Government issued a Decree stipulating the regime and policies for cadres who do not meet the age requirements for re-election or re-appointment to positions and titles according to their terms of office in agencies of the Communist Party of Vietnam, the State, and socio-political organizations.

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Article 1. Scope of regulation

This Decree stipulates the regime and policies for cadres who do not meet the age requirements for re-election or re-appointment to hold positions and titles according to their terms of office in agencies of the Communist Party of Vietnam, the State, and socio-political organizations at the central level, in provinces and centrally run cities; in districts, towns, provincial cities, and in communes, wards, and townships.

Article 2. Subjects of application

1. This Decree applies to cadres specified in Clause 1 and Clause 3, Article 4 of the Law on Cadres and Civil Servants who do not meet the age requirements for re-election or reappointment to hold positions and titles according to their terms in agencies of the Communist Party of Vietnam, the State, and socio-political organizations at the Central level; in provinces and centrally-run cities; in districts, towns, provincial cities, and communes, wards, and townships (hereinafter referred to as cadres who do not meet the age requirements for re-election or reappointment).

2. Officials subject to staff streamlining as prescribed in Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on staff streamlining policy are not subject to this Decree.

Article 3. Regimes and policies for cadres who do not meet the age requirements for re-election or re-appointment and retire before the age.

1. Cadres who do not meet the age requirements for re-election or reappointment and have paid social insurance for 20 years or more, if they submit a voluntary application for early retirement to the cadre management agency, will be entitled to pension benefits according to the provisions of the law on social insurance and the following additional benefits:

a) No deduction of pension rate due to early retirement;

b) Receive a subsidy of 03 months' salary for each year of early retirement compared to the provisions in Point a, Clause 1, Article 50 of the Law on Social Insurance;

c) Receive a subsidy of 05 months' salary for the first twenty years of work with social insurance; from the twenty-first year onwards, for each year of work with social insurance, a subsidy of 1/2 month's salary is granted;

d) For officers with salary classification positions:

At the time of early retirement, if the salary level 1 of the current position has been assigned for 48 months or more, the employee will be assigned to level 2 of the current position for retirement;

d) For cadres with professional and technical salary scales and receiving leadership position allowances:

Cadres who have not yet been assigned the final salary grade in their current rank, but during the time they hold the grade, have always fulfilled their assigned tasks well, have not been disciplined, and at the time of early retirement, are still 1 to 12 months short of regular salary increase according to regulations, will be given an early salary increase to retire.

Cadres who are receiving the final salary grade or are receiving seniority allowance exceeding the current salary scale, have a university degree or higher, and have always fulfilled assigned tasks well during their work, have not been disciplined in the last 5 years before retirement, will be promoted without taking an exam to the next higher grade to retire;

e) For commune-level cadres working in places with a regional allowance coefficient of 0.7 or higher; commune-level cadres who have served in the army or police and have been awarded medals and badges of various types by the State, if they still lack the social insurance payment period of 2.5 years (30 months) or less to have enough time to pay social insurance for 20 years, the State will support them with a one-time social insurance payment for the remaining time to implement the retirement regime.

2. Monthly salary for calculating allowance is determined by the average monthly salary actually received in the last 5 years before retirement, including: Position salary or salary according to rank or grade; position allowances, seniority allowances exceeding the framework, seniority allowances, salary retention difference, party work allowances (if any).

3. The working time used to calculate the allowance is the working time in agencies of the Party, State, socio-political organizations, public service units, and state-owned enterprises that are calculated for social insurance contributions according to regulations and have not yet received severance allowance or demobilization benefits.

4. When calculating the allowance, if the early retirement period or social insurance payment period has odd months, it is calculated as follows:

a) Less than 03 months is not counted;

b) From 3 months to 6 months is calculated as 1/2 year;

c) From 06 months to 12 months is counted as one year.

Article 4. Regimes and policies for cadres who do not meet the age requirements for re-election or re-appointment to continue working until reaching retirement age

1. Cadres who do not meet the age requirements for re-election or reappointment and have not reached the prescribed retirement age, if they do not wish to retire early, the competent authority shall arrange suitable work. In case a suitable work cannot be arranged, they shall be allowed to take leave until they reach the retirement age as prescribed in Article 5 of this Decree.

2. In case the new job position does not specify the salary or allowance for the position (not a leadership position) or has a salary or allowance for the position lower than the salary or allowance for the position already enjoyed, the salary or allowance for the position already enjoyed will be retained for 6 months; from the 7th month onwards, the salary or allowance for the position (if any) of the new job position will be enjoyed.

Article 5. Regimes and policies for cadres who do not meet the age requirements for re-election or re-appointment and are allowed to take leave until they reach retirement age.

Cadres who do not meet the age requirements for re-election or reappointment and have less than 2 years (24 months) of work remaining will reach the retirement age according to regulations. If they cannot be arranged for a suitable job position and do not wish to retire early, they will be allowed to take a leave of absence until they are old enough to retire. During the leave of absence until they are old enough to retire, cadres who do not meet the age requirements for re-election or reappointment will still be under the management authority of the agency where they work and will be subject to the following regimes and policies:

1. Entitled to full salary or salary according to rank, position allowance, seniority allowance beyond the framework, seniority allowance, salary reserve difference, party work allowance (if any).

2. Cadres who do not meet the age requirements for re-election or reappointment and the agency where the cadre worked before retiring will retire based on the salary, allowances and salary retention difference (if any) enjoyed in Clause 1 of this Article, and pay social insurance and health insurance according to current law provisions.

3. Other benefits such as service benefits and telephone benefits (if any) will cease to be enjoyed from the month following the month of decision to stop working and wait for retirement age.

4. In case an official does not meet the age requirements for re-election or reappointment and is allowed to regularly use a car for work, if he/she attends meetings, conferences or goes to the hospital, he/she must notify the workplace to arrange transportation. In case the workplace cannot arrange transportation, he/she must take the initiative in finding a means of transportation and be paid according to current regulations.

5. Cadres who do not meet the age requirements for re-election or reappointment and are on leave waiting to reach retirement age will not be counted in the payroll of the agency, organization or unit.

Article 6. Funding sources

Funding for resolving regimes and policies as prescribed in this Decree shall be provided by the state budget according to current budget decentralization.

Article 7. Entry into force

1. This Decree comes into force from May 1, 2015.

2. The regimes and policies prescribed in this Decree shall be implemented from January 1, 2015.

3. This Decree replaces Decree No. 67/2010/ND-CP dated June 15, 2010 of the Government on regimes and policies for cadres who are not old enough to be re-elected or re-appointed to positions and titles according to their terms in agencies of the Communist Party of Vietnam, the State, and socio-political organizations.

Article 8. Responsibility for guidance and implementation

1. For officials of state agencies from central to district and commune levels:

a) The agency managing cadres is responsible for making a list of beneficiaries of the regimes and policies prescribed in this Decree and estimating the costs for each beneficiary and sending it to the Ministry, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally run cities. At the same time, it shall pay the regimes and policies prescribed in this Decree to the beneficiaries;

b) Ministries, ministerial-level agencies, Government agencies, People's Committees of provinces and centrally run cities shall compile a list of beneficiaries of regimes and policies as prescribed in this Decree and estimate the budget for each subject and send it to the Ministry of Finance for settlement according to its authority; at the same time, send it to the Ministry of Home Affairs for monitoring, synthesizing and reporting to the Government and the Prime Minister;

c) The Ministry of Finance shall examine the calculation of regimes, policies, budget estimates and allocation of funds to implement regimes and policies according to the provisions of this Decree;

d) Vietnam Social Security is responsible for providing professional guidance and directing the Social Security of provinces and centrally-run cities to collect social insurance premiums and settle social insurance regimes for subjects in accordance with the provisions of the law on social insurance as prescribed in this Decree.

2. For cadres of agencies of the Communist Party of Vietnam and socio-political organizations, the regimes and policies shall be implemented according to the provisions of this Decree and according to the instructions of competent agencies of the Party and socio-political organizations.

3. The Ministry of National Defense and the Ministry of Public Security, after reaching agreement with the Ministry of Home Affairs and the Ministry of Finance, shall guide the implementation of the regimes and policies prescribed in this Decree for cadres under their management.

4. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities and relevant organizations and individuals are responsible for implementing this Decree./.

TM. Government

(signed)

Prime Minister: Nguyen Tan Dung